Legal Malpractice In Personal Injury Cases
Evidence and eyewitness testimony are extremely important in most personal injury cases. Attorneys who fail to interview eyewitnesses or collect and analyze evidence, very often compromise their clients’ cases. While an attorney may not be able to track down witnesses that have left town or recover evidence that has been intentionally discarded or destroyed, due diligence requires that they try their utmost to locate important witnesses and obtain their testimony and to locate and secure important evidence.
If you lose your case because your lawyer has failed to interview important witnesses, or because he or she failed to visit the scene of an accident or to analyze important evidence, he or she may be held liable for legal malpractice. At the law office of Schwartz & Ponterio, PLLC, our lawyers expose negligence on the part of personal injury attorneys, connecting failures to adequately preserve and gather testimony and evidence.
Another area ripe for attorney malpractice is failing to comply with filing deadlines. If you have lost your right to recover because an attorney negligently failed to file your case on time or missed responding to a motion or discovery deadline, you have may have grounds to bring a legal malpractice lawsuit.
If the attorney representing you in a personal injury case failed to adequately prepare your case, left out important evidence or missed a filing deadline, contact personal injury malpractice attorneys at Schwartz & Ponterio, PLLC, today.
Personal Injury Malpractice Cases
The law office of Schwartz & Ponterio, PLLC, represents clients in personal injury malpractice cases involving the following:
- Car accident injuries
- Medical malpractice cases
- Construction accident injury cases
- Injuries due to defective products
- Injuries involving public transportation cases
- Pedestrian/bicycle knockdown injury cases
Motions To Dismiss And Personal Injury Cases
In product liability and medical malpractice cases, technical issues often arise involving the alleged causal relationship between the actions of a manufacturer or doctor and injuries suffered by the plaintiff. Manufacturers and doctors will often try and question any strict causal relationship between their product or actions and any injuries suffered later.
Defense attorneys representing the defendant will file a motion to dismiss in the hopes of avoiding a trial altogether. If a personal injury attorney has his or her client’s case dismissed because he or she failed to adequately prepare it, he or she can be sued for the value the case represented.
Begin Getting Help Today
Attorneys who fail to meet court-ordered deadlines, who fail to properly file a pre-suit claim when suing a governmental entity or who fail to hire the right kind of experts can be held liable for their incompetence. They can also be held liable for accepting or rejecting a settlement offer without your approval. If you believe you have suffered financial harm due to actions on the part of your attorney in a personal injury case, contact our legal malpractice lawyers at Schwartz & Ponterio, PLLC, today by calling 212-714-1200.